Pauline O'Reilly (Green Party) | Oireachtas source

The Minister of State is welcome. I begin by mentioning the "Prime Time Investigates" programme broadcast last night which has touched many of us. I am here to speak on special needs and because of the matters I raise from AsIAm. People from that organisation spoke on the radio this morning on how disappointed they are the Department of Health has decided to take this approach. It is very hard to understand how people's personal details from their own private GPs being given to the Department of Health without the individuals' consent can have a legal footing. What is the Minister of State's view on this? It is important we as a Government take this matter seriously. The Department of Health will speak to the committee today and that is welcome. I will follow up on that.

Today I raise the topic of individual education plans. In Ireland, unlike the US and Britain, individual education plans are not on a legislative footing. They are on a statutory footing in the sense that the Education for Persons with Special Educational Needs Act 2004 has quite detailed provisions around the need to provide individual education plans for all pupils and students with special needs. That has not been enacted. That is the problem which AsIAm has identified, as have I.

I refer to the letter from the Department to the Joint Committee on Education, Further and Higher Education, Research, Innovation and Science, dated 24 November 2020, which stated "whereas there is not currently a statutory requirement to provide individual education plans for children with special needs at present, all schools are encouraged to use education plans". Either we are using them or we are not using them. Parents tell me, and I am not hearing from the students but I am sure their voices would be just as strong, that some parents do not even know this exists. There is also a problem with getting assessments. Many schools say they get two or three days a year for assessments and the lack of assessments makes it difficult for schools to put in place individual education plans. That is not to say many are not fantastic and there are not guidelines available, but this shows the importance of legislation. That is what we are in this House to do. The Seanad in particular is supposed to value legislation and not just policy guidelines. The Department may feel it has gone in a different direction but it is still very much saying individual education plans are important.In such circumstances, it is hard to see why it would not commence all of the provisions within the Education for Persons with Special Educational Needs Act. I simply do not understand that. The Minister of State will know that part of this would include obligations on her and the Department to follow up and ensure that funding is available. I would hate to think that is a part of the reason this legislation is not being commenced.

I would love an update as to where matters stand. I know that the Minister of State wrote in November but I would like to think that things have moved on at this stage. From 2004 to now is a long time to wait for this. We either think that students with special educational needs are important or we are just going to put them on the back-burner.